STATE OF TAMIL NADU & ORS. versus K. SHYAM SUNDER & ORS.

Citation: [2011] 11 S.C.R. 1094 · Decided: 09-08-2011 · Supreme Court of India · Bench: J.M. PANCHAL · Disposal: Dismissed

Cited by 11 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2011] 11 S.C.R. 1094 
STATE OF TAMIL NADU & ORS. 
v. 
K. SHYAM SUNDER & ORS. 
(Civil Appeal Nos.6015-6027 of 2011) 
AUGUST 9, 2011 
[J.M. PANCHAL, DEEPAK VERMA AND 
DR. B.S. CHAUHAN, JJ.] 
Tamil Nadu Uniform System of School Education Act, 
c 2010: 
Object of its enactment - Held: To enforce the uniform 
education system in the State of Tamil Nadu in order to impart 
quality education to all children, .,,..ithout any discrimination on 
0 
the _ground of their economic, social or cultural background. 
s. 3 (amended by Act 2011) - Validity of - The Act 2010 
was enacted to enforce the uniform education system in the 
State of Tamil Nadu and was helj constitutionally valid by 
High Court and Supreme Court - After change of State 
E Government, tenders invited for publishing text books taught 
under the old system and subsequent thereto, it was decided 
in the Cabinet meeting not to implement the uniform 
education system - The new Government amended the Act 
2010 by the Amendment Act 2011 - Held: Whole exercise 
F of amending the Act 2010 was carried out most hurriedly -
The entire exercise by the Government was arbitrary, 
discriminatory and oppressive to students, teachers and 
parents - One crore twenty lacs students could not be 
expected to revert back to the syllabus and textbooks 
G applicable prior to 2010 after the aoademic term of 2011-12 
has begun as they would be utterly confused and would be 
put to enormous stress - State Government should have 
acted bearing in mind that "destiny of a nation rests with its 
H 
1094 
STATE OF TAMIL NADU & ORS. v. K. SHYAM 
1095 
SUNDER & ORS. 
youths" - Tamil Nadu Uniform System of School Education 
A 
(Amendment) Act, 2011. 
s. 18 - Scope of - Discussed. 
TAMIL NADU UNIFORM SYSTEM OF SCHOOL 
EDUCATION (AMENDMENT) ACT, 2011: 
Validity of the Act - Held: Not valid - High Court as well 
as the Supreme Court had upheld the validity of the Act 2010 
- The Amendment Act nul/ified the effect of the judgment of 
B 
the High Court approved by Supreme Court and repealed the c 
Act 2010 - Passing the Act 2011, amounted to nullify the 
effect of the High Court and Supreme Court's judgments and 
such an act simply tantamounted to subversive of law - Thus, 
the Amendment Act was an arbitrary piece of legislation and 
violative of Article 14 and was mere pretence to do away the 
0 
Uniform System of Education in terms of Act 2010 - s.18 of 
Act 2010 itself enabled the Government to issue any 
executive direction to remove any difficulty to enforce the 
statutory provisions of the Act 2010 -
Thus, it was not 
permissible for the legislature to annul the effect of the said 
E 
judgments by the Amendment Act 2011 -
Tamil Nadu 
Uniform System of School Education Act, 2010- Constitution 
of India, 1950 - Article 14. 
ADMINISTRATIVE LAW: 
F 
Change of policy with the change of Government -
Propriety - Held: The Government has to rise above the 
nexus of vested interests and nepotism and eschew window-
dressing - Unless it is found that act done by the authority 
earlier in existence is either contrary to statutory provisions, 
G 
is unreasonable, or is against public interest, the State should 
not change its stand merely because the other political party 
has come into power - The principles of governance have to 
be tested on the touchstone of justice, equity, fair play - In 
the instant case, Uniform Education system was brought in 
H 
1096 
SUPREME COURT REPORTS 
[2011) 11 S.C.R. 
A terms of the Act 2010 - Change of government- Before the 
first Cabinet meeting of the new Government, tenders invited 
to publish the books under the old education system - This 
would show that there was a pre-determined political decision 
to scrap the Act 2010 which was arbitrary and oppressive to 
B students, teachers and parents - Tamil Nadu Uniform System 
of School Education (Amendment) Act, 2011. 
Colourable legislation - Held: When power is exercised 
in bad faith to attain ends beyond the sanctioned purposes 
C of power by simulation or pretension of gaining a legitimate 
goal, it is called colourable exercise of power - The action 
becomes bad where the true object is to reach an end different 
from the one for which the power is entrusted, guided by an 
extraneous consideration, whether good or bad but irrelevant 
to the entrustment - If the legislature is competent to pass a 
D particular enactment, the motives which impelled it to an act 
are really irrelevant - On the other hand, if the

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